De Pere, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- De Pere Code § 7-9
- Covered areas
- Streets, alleys, sidewalks, parking lots
- Open containers
- Barred even without drinking
- Tavern purchases
- Must stay on licensed premises
- Special event permit
- Needs common council approval
- Penalty
- Forfeiture set by council resolution
Summary
De Pere Code of Ordinances § 7-9 bars drinking or carrying an open container of liquor or fermented malt beverage on any city street, alley, sidewalk, thoroughfare, parking lot or other public way. Bar and restaurant purchases must be finished on the licensed premises. The license committee can approve a special permit for a supervised event.
(a)No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any street, alley, sidewalk, thoroughfare, parking lot or other public way.(b)All purchases of intoxicating liquor or fermented malt beverages by the glass or in open containers shall be consumed upon the licensed premises where served and shall not be removed to the public areas set forth in subsection (a) of this section.(c)No person shall possess any glass or open container containing intoxicating liquor or fermented malt beverages in or on any public area set forth in subsection (a) of this section. ... (e)Any person who shall violate this section or any part of this section shall be subject to a forfeiture as determined by resolution of the common council.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
Section 7-9 of the De Pere Code of Ordinances treats public drinking as three separate offenses. Subsection (a) makes it unlawful to consume intoxicating liquor or fermented malt beverage while in or upon any street, alley, sidewalk, thoroughfare, parking lot or other public way in the city. Subsection (b) requires that anything purchased by the glass or in an open container at a licensed tavern, restaurant or liquor store stay on that licensed premises; a patron cannot carry a drink out the door and onto the sidewalk. Subsection (c) makes bare possession of an open alcohol container in those same public areas a separate violation, so police do not have to catch someone mid-sip to issue a citation.
The ordinance builds in one narrow escape valve: under subsection (d), the license committee of the common council may recommend that the full council issue a special permit allowing consumption or possession contrary to the ban, but only where the committee is satisfied that adequate supervision and police protection exist, and only for a specified time and location. There is no self-executing exemption for a private event; the permit has to be granted in advance.
Enforcement runs through the city's municipal forfeiture system rather than criminal court. Subsection (e) makes any violation of section 7-9 subject to a forfeiture set by common council resolution, and if that forfeiture and its costs, fees and assessments go unpaid, the violator can face the alternative collection penalties available under Wis. Stats. ch. 800, the state's municipal court chapter.
Violations & Fines
Violating any part of section 7-9, drinking in public, walking out of a bar with a drink, or simply carrying an open container on a city street, is a forfeiture offense under subsection (e), with the amount fixed by common council resolution rather than stated in the ordinance itself. Unpaid forfeitures, plus costs and assessments, can trigger the alternative enforcement remedies in Wis. Stats. ch. 800.
Frequently Asked Questions
Can I walk between bars in De Pere with my drink?
Does a closed, sealed can count as an open container?
How can a block party in De Pere legally serve alcohol outdoors?
What happens if I don't pay the forfeiture for a public drinking ticket?
Sources & Official References
Other rules in De Pere
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Public Alcohol Use in Nearby Cities
How other cities in Brown County handle public alcohol use.